Kotak Mahindra Bank Limited vs Classic Readymade
2023 Latest Caselaw 459 Cal/2

ODC 13
                              ORDER SHEET
                               EC/329/2021
                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                          COMMERCIAL DIVISION


                       KOTAK MAHINDRA BANK LIMITED
                                   VS
                           CLASSIC READYMADE
                         GARMENTS WORKS AND ORS


  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF

Date: 17th February, 2023.

Appearance:

Ms. Shrayshee Das, Adv.

The Court: The execution application is appearing before this Court after

the substitution of the name of the award holder. The petitioner submits that

the amended execution application along with the Tabular Statement have been

served on the award debtors. The affidavit of service is taken on record, which

shows that the award debtors no. 2 and 3 have refused the service.

It is submitted that judgment debtors were directed to file their affidavit of

assets by order dated 13th December, 2021, but as the affidavits were not filed,

warrant of arrest was issued against the award debtor no. 2 by the order dated

7th February, 2022 which remains unexecuted till date.

As the award debtors are not present today in spite of service and due to

repeated non compliance of orders passed and non filing of the affidavit of assets,

and as the previous warrants of arrest has not been executed till date, let fresh

warrants of arrest be issued against the award debtor no.2.

The returnable date for the warrants of arrest are made returnable after

fourteen weeks from date.

The jurisdictional Superintendent of police and the Officer in Charge of the

Local Police Station are directed to implement this order and ensure due

execution of the warrants of arrest and production of the judgment debtors

before this Court on or before the returnable date.

The Superintendent of Police is directed to file a report as to why the

warrants of arrest have not been executed till date.

(SHEKHAR B. SARAF, J.)

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